Case #406555/07

Judge Tingling – Case #406555/07:

1. 27,000 short premium is out the state insurance fund policy was from 2/7/2006 to 6/19/2007. Therefore the policy was more than a year. The short premium rate is not applicable in this case.

2. Judge Tingling interpretations of 11 employees earnings a total of $301,280 (see Plantiff exhibit B, p4).
2a. The defendant in fact employed numerous independent contractors who were paid aggregate of $2,457,483 from Feb 7 to June 30, 2006.Based on the judge interpretation. The field nurses as independent contractor under the New York state law and the Harry’s worker’s compensation obligation was limited to the 11 persons working daily in office on staff as salaried employees.

3. The state insurance fund policy from 2/7/2006 to 6/19/2007, the AIG insurance policies started from 5/27/2007 to 5/27/2008. Judge Tingling interpretation from 5/27/2007 to 6/19/2007. There was double coverage for 23 days for w2’s and 1099’s which equaled to an amount that does not qualify for a premium. The policy was more than a year which should be cancelled automatically when the letter was received on 5/27/2007 from AIG. (when they said they had the policies that started 5/27/2007.

According to Judge Tingling and based on the letter from New York State Insurance Fund, Workers Comp is not required for 1099 nurses.

NY State Insurance Fund

NY State Insurance Fund 2

4. According to Judge Tingling, the plaintiff’s motion for summary judgement was denied in its entirety. The plaintiff’s case has no merits.